What is Law? Jurisprudence is devoted to answering this question!
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Transcript of What is Law? Jurisprudence is devoted to answering this question!
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What is Law?
Jurisprudence is devoted to answering this question!
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The rules and regulations made and enforced by government that can regulate the conduct of people within a society.
Without laws, there would be confusion and disorder.
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Are all laws written?Native American tribal rules and regulations (laws) were not written. Because of this, “the white man” thought that the nations were lawless.
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Laws and ValuesLaws usually reflect and
promote society’s valuesLegal system influenced by
traditional ideas of right and wrong
Laws can be based on moral, economic, political, or social values
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Moral ValuesQuestions right vs wrong Is all killing wrong?
*murder*self-defense*soldier at war*death penalty
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Economic ValuesThe accumulation,
preservation, use, and distribution of wealth
Interest paid on credit cards vs home mortgage
Looting and Shoplifting Laws
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Political ValuesReflect the relationship
between government and individuals
Promote participation in the political process (Voting)
Who makes laws?
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Social ValuesIssues that are important to society*Discrimination*Private Property
Can social values change?
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Are all immorals illegal?
Rape is immoral; is it legal?
Lying is immoral; is it illegal?
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Goals of the legal system Protect basic human rights
Promote fairness Help resolve conflicts Promote order and stability Protect the environment Represent the will of the
majority Protect the rights of the
minority
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Law and Human Rights In a democratic society, all
laws must be respected in order or government to function properly
All members of society must obey the laws
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Categories of human rights
1. Political Freedoms of speech,
religion, press, and the participation in government
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2. Social Adequate education, food,
housing, and health care3. Economic Have a job with fair & safe
working conditions; to own property
4. Environmental Clean and safe environment
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International Protection of Human Rights The United States has recognized
and signed the following documents: *Universal Declaration of Human
Rights *the Covenant on Political and Civil
Rights Considering ratifying the
International Declaration on the Rights of the Child
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Balancing Rights with Responsibilities Individual rights must be balanced with
the responsibility of that right Example: trial by jury (right), serve as juror
(responsibility)
Example: have children (right), provide for those children (responsibility)
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Kinds of LawsTwo major groups: 1. criminal: -regulate public conduct and set duties owed to society
-legal action is bought about by government (prosecutor) against defendant
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-must prove beyond a reasonable doubt
-penalty (imprisonment, fines, or both)
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-divided into: felonies- more serious crimes
with more than one year in prisonExample: rape, murder
misdemeanors- less serious crimes with prison term of one year or less
Example: minor theft
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2. Civil Laws Regulate actions between individuals
and/ or groups of individuals Civil action can be bought about by
anyone who feels wronged (plaintiff) Plaintiff wins by convincing the jury by
a preponderance of the evidence (is the plaintiff’s complaint more likely than not
Damaged party usually awarded moneyExample: car wreck
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Regulate many everyday situations (ex: marriage, contracts, insurance)
Sometimes, in a single action, one can violate both civil and criminal laws
Example: car accident- person responsible is speeding, hit another person’s property, medical bills
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United States Constitution the highest law of the land Drafted over 200 years ago, the
oldest Constitution in the world, yet younger government
Provides basic framework of government
Lists government’s powers and limits
List of people’s freedoms that government can’t take away
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Principle of Limited Government Constitution limits national
government to pass laws that are only listed in Article I
Preserves individual liberty and freedom to govern without interference
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Division of lawmaking
Provided in the US Constitution
Divides lawmaking duties amongst three branches (separation of powers)
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Executive Branch
The president and federal agencies
Enforces lawsBecomes a lawmaker when
rules and executive orders are issued
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Legislative Branch
Congressmakes laws (statutes at the
state level)
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Judicial BranchCourtsEstablishes laws through
rulings and interpretations Judicial review- allows the
courts to void a law passed by Congress or state if in conflict with US Constitution
-declared unconstitutional
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Branches are independent, but can restrain the other branches through check and balances
Designed to keep one branch from being to powerfulExample: Congress passes a law, President vetoes it
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Federalism Division of power between the
federal and state governments Limit on the power of the federal
government (listed in the Constitution)
Most civil and criminal laws are passed by state legislatures because of limit on Federal Government
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The Bill of Rights First 10 amendments to the US
Constitution Guarantees the fundamental
rights and liberties of all Americans
Limits the powers of all levels of government
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State Constitutions Reflect the major principles of
the US Constitution Provide for different branches of
government, separation of powers, checks and balances, and judicial review
Some provide greater protection of rights than US Constitution
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Changes to US Constitution Difficult to change Reflect changing viewpoints Two ways: Proposed
amendment to be approved by either 2/3 of Congress or 2/3 of states at a convention and ratified by ¾ of the states
27 amendments have been added